P.N.V.R. Umakandan Alias O.R. Kandan, v. Raja Alias Karuppanj Chettiar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR P.N.V.R.Umakandan @ O.R.Kandan ... Petitioner Vs.

1. Raja @ Karuppanj Chettiar

2. A.Balu @ Kalathinathan

3. T.K.S.Manoharan (died)

4. S.D.Gopinath

5. G.Vimala

6. J.Nandini

7. S.Rengalatha

8. P.Meenakumari

9. Ratchaka

10. T.K.S.M.Udayakumar

11. Nagadevi 1/6

12. T.K.S.M.Satheeskumar

13. R.Kumara Giri ... Respondents Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in A.S.No.21 of 2018 on the file of Subordinate Court, Uthamapalayam and transferred to Subordinate Court, Madurai.

For Petitioner : Mr.V.S.Kumaraguru For R1, R2, R4 to : Mr.A.Arumugam R6, R8, R10 to for M/s.Ajmal Associates R12

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Subordinate Court, Uthamapalayam, in A.S.No.21 of 2018 and transfer the same to the Subordinate Court, Madurai.

2. This Court, vide order dated 10.11.2023, considering the submission made by the learned counsel appearing for the revision petitioner that this Court in C.R.P.(MD)No.2092 of 2019, vide order dated 20.11.2019, directed the appellate Court to dispose of the appeal in A.S.No.21 of 2018 within a period of four months from the date of receipt 2/6

of copy of that order, that subsequently, in another C.R.P.(MD)No.1339 of 2022, this Court vide order dated 21.07.2022, directed the appellate Court to dispose of the appeal in A.S.No.21 of 2018 within a period of four months from the date of receipt of copy of that order and that the appeal is yet to be disposed of, directed the Registry to call for a report from the concerned Court.

3. In pursuance of the same, the learned Subordinate Judge, Uthamapalayam, has submitted a report dated 23.11.2023 stating that he has assumed charge on 14.07.2023, that he has availed Earned Leave due to the death of his father and that when the case was posted on 31.10.2023 for final arguments, the learned counsel appearing for the respondents submitted that he is going to write a District Judge final examination and sought for an adjournment and on that basis, the case was adjourned to 05.12.2023.

4. Recording the submission made by the learned Subordinate Judge and also taking note of the earlier directions of this Court, the learned Subordinate Judge, Uthamapalayam, is hereby directed to hear the appeal in A.S.No.21 of 2018 and dispose of the same on or before 22.12.2023. 3/6

5. With the above direction, the Transfer Civil Miscellaneous Petition is disposed of. No costs.

27.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm Note : Issue order copy on 28.11.2023 To

1. The Subordinate Court, Uthamapalayam.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Order made in Tr.C.M.P.(MD)No.

Dated : 27.11.2023 6/6